the woman accused of killing an east bay nursing student gets ready to face a jury of her peers. another day of record heat around the bay. that is oakland there. we will tell you which east bay city is poised to be hotter than even miami. the news at 11:00 starts now. good morning. thanks for being with us. i'm marla tellez. >> i'm jon kelley. today, opening statements are being heard in the trial of giselle esteban. she is accused of killing michelle le. we have christie smith live at the courthouse with the latest

on the trial of giselle esteban. >> reporter: the prosecutor opened with a photo of a smiling michelle le. he showed another photo of what is believed to be her last photo. her walking out of a parking lot and near where she was working. this right before she disappeared. her family packed the courtroom. they did not speak, but wore buttons of the 26-year-old on them. le disappeared in may of 2011 where she was studying nursing. her body found four months later. a former friend of hers, esteban killed her because she had feeling for her boyfriend.

i guess we're having problems with that awed oudio. later, he developed a serious relationship with esteban. later, they had a daughter together. he said giselle ruined their relationship. prosecutors said nothing was going on. the defense is up next. opening statements could last all day. the trial is expected to last about a month. reporting live in oakland, christie smith, nbc bay area news. he is expected to be in court for a pre-trial hearing today. go was a nursing student at that school when he allegedly opened

fire on his classmates and a teacher killing seven people. highway 101 is moving again this morning after a crash turned that busy freeway into a crime scene. the chp shutdown more than 100 miles causing major traffic delays. investigators say a red dodge charger was driving south on 101 at 3:30 yesterday when someone drove up beside it and began shooting. the charger crashed into a fence injuring a man and two women inside. the other car drove off and police are still looking for it. >> we have the charger with multiple bullet holes in it and injured occupants. we are actively investigating this case. if anyone saw the shooting or anything leading up to the shooting or anything after the shooting, including the crash, we would appreciate any information we could get. >> all three victims were taken to the hospital. investigators were to meet with

them last night. so far, no new information has been released. at the board of oakland, a towering black smoke could be seen for hours. this started at 7:00 at middle harbor road. firefighters arrived on scene and were able to put the fire out in just about ten minutes. the good news, no injuries were reported. the cause of the fire remains unknown. today will be another scorcher. >> got that right. christina has been telling us all day long. another spare the air day as well. air quality officials say the air is expected to reach unhealthy levels for a third day in a row. we are asked to cut back on driving and avoid certain outdoor activities. this is the tenth spare air alert this year. we have the harvest moon and heat coming in to welcome october. >> the moon? that was on saturday. >> we had a little bit left today. >> we did. we certainly did. >> i know what i'm talking

about. i howl at the thing. >> good morning. temperatures are hot. i hate to say it, we have an additional four to five hours of potential heating. i want to start here and put it into perspective for you. it's 11:05 across the state of california. 103 degrees right now in palm springs. 80 degrees in monterrey. we will keep soaring. at 11:05, we hit the high that miami is expecting in gilroy. that is an indication of just how warm it is and how unusual it is to hit these highs this time of year. it is early in fall. it will feel like a late july afternoon. we could top all the ratings that we reached over the course of the summer. this could be the hottest day of the year. we have to check in with jeff at 5:00. 81 degrees in san jose. 79 in campbell. it is the spare the air day.

you will see that thick layer of haze. coastal fog will move in. onshore flow brings temperatures down a touch. it will help to purify our air quality. we have a cooling trend that drops temperatures like a rock. 70s and drizzle and maybe showers this weekend up in the north bay. major changes ahead. sharp turns in the weather department. sharp turns. >> mother nature likes to keep us dancing. >> we like to dance. >> we will keep our groove flowing here. the a's run for the playoffs continues. that's a great graphic. tonight, it could be the night as the a's magic number is one. oakland needs one more win to clinch a playoff spot. that is taking on the rangers tonight. they can make it if the angels and rays each lose one more game. >> we go out there and we battle every day. you know, no matter if we win or

lose. we will battle to the last out. we feel like we can win every game. >> it is all exciting. it has been great fun. they are so young. they are giving it all their heart. we are enjoying the team. >> at the beginning of the year, it was a bunch of words. they weren't going anywhere. now we're going somewhere. >> right now on the cusp of it. a's fans excited. if they happen to sweep the iñ win the division crown and skip that one-game wild card playoff. good luck. the game is set for 7:05. if the a's make the playoffs, you have to make serious changes to your weekend plans. check out the events scheduled for the bay area. the hardly strictly bluegrass festival is friday through sunday. fleet week is wednesday through sunday. america's cup racing is tomorrow through sunday and then the 49ers game against the bills on sunday and add to that possible home games for the a's and

giants. you have options for the upcoming weekend. that was jon kelley on the keyboard. >> i like to supply in my spare time. still ahead as 11:00, plastic bags are officially out in san francisco. we will tell you what it will now cost you if you don't bring your own bag. the supreme court returning to work today. the key cases that may be on that docket. mad dash. the time zone mix up that almost cost his team a big win. and a live look outside. that is a live look at fremont, i believe. the weather out there is going to be a hot one. you may want to grab water and sun shades and sun block. chill out. enjoy. 11:08.

three u.s. soldiers are among those killed in afghanistan near the pakistan border. the bomber drove his motorcycle packed with explosives into their patrol as they were walking through a market. several civilians were injured. the taliban is claiming responsibility for the blast. laying down the law. today, the supreme court kicking off its new term of the slate of crucial and controversial decisions in the works. on the docket, affirmative action and considering race for college admissions, voting rights and deciding to require federal oversight with a state of voting discrimination. the nine supreme court justices will consider a variety of challenges to the defense of marriage act. the law states that the federal government will only recognize traditional marriages. that means no federal benefits, even where same-sex marriage is legal. >> same-sex couples are denied

hundreds of different rights and benefits that are provided to married different-sex couples under federal law. >> the last term supreme court decisions paving the way for the affordable care acts and arizona's new immigration law. now to decision 2012. this morning, debate prep for president obama and mitt romney who are getting ready for the first faceoff on wednesday. trac tracie potts has a look. >> reporter: the president is preparing to face mitt romney in denver on wednesday. >> he's a good debater. i'm just okay. but, what i'm most concerned about is having a serious discussion about what we need to do to keep the country growing. >> reporter: both sides are downplaying expectations.

romney will be prepared and disciplined and aggressive. romney's debate partner calls the president a tough debater. >> president obama will be f formidable. i would not under estimate. >> reporter: john kerry playing romney in the weekend rehearsal. looking to press the president on libya and syria. romney calls the foreign policy dangerous. romney's debate plan is clearly and concisely explains how he can fix the economy. >> i expect to be able to describe that in a way people will understand and if they do, i'll get elected. >> reporter: his running mate, paul ryan is preparing for his debate a week away. >> i really believe in the policies we're providing and we're pursuing. at the end of the day, i'm going to go in and be me. >> reporter: we already know where the candidates will be the morning after wednesday's debate. on thursday, romney and ryan

will be in virginia. president obama is remaining in colorado for an event there. tracie potts, nbc news, washington. thank you. the boy scouts of america will inform the police and sheriff's offices of the boys who worked in their ranks. the organization has been keeping information for decades. they have been orders to release the files from 1965 to 1985. now a spokesman for the scouts says the order has prompted them to go through the files to report any and all offenders to the police. spanning the globe. facebook's mark zuckerberg met with dmitry medvedev today in the effort to increase facebook's profile. facebook dominates in a majority of countries that use social media around the world, but

russia is not one. dmitry medvedev is hoping to create the equal of silicon valley in his country. zuckerberg ditched his jeans and hoodie for a suit. let's check back in with christina loren. i guess it will still be hot out there? >> he will want to trade in the suit for swim trunks in palo alto today. temperatures are hot there in the 90s. google land getting hot up. 95 degree readings. i want to start with a couple of live pictures just to show you how crystal clear it is this morning. you can see here with a ripple out there. winds are picking up a bit. that is the downsloping northerly trend that keeps temperatures warm this time of year. i want to take you into oakland. you can see the haze, but it looks just about the same in san jose right now. lots of sunshine coming in.

look at this. it is almost as if the pacific ocean isn't there. 86 degrees in fresno and 86 in monterrey on the water. the winds come from land to sea and negates the influence. we still have three-to-four hours of climbing to go. 82 degrees in livermore. 89 in gilroy. i believe gilroy will be the hottest city across the bay. temperatures in livermore. it will be hot again. hotter than it was yesterday. we're sparing the air for the third day. ten total days in 2012. here is how it works out. high pressure is in control. it moves in today. as we head through tomorrow, it will lose the energy. hence our temperatures will come down just a touch, but not by much. it will be hot tomorrow. the tri-valley and south bay valley. poor air quality is likely again

tomorrow. you want to bring in your pets. if you have children, limit the outdoor exposure. look at where the temperatures are headed. 101 in concord. 91 in fremont. 94 in san jose. as they head back to school tomorrow, dress them in light colors and cotton clothing. 98 degrees. 77 at the coast. the real weather story is where we're head. back to the 70s. lots of clouds saturday into sunday. expecting our first showers of the season. make sure you are ready for changing conditions. we have two more really hot days to get through. guys, back to you. thank you. two san francisco men are still missing off the san mateo coast of t . we will have a live report coming up after the break. ♪

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several bay area families not giving up hope. search crews will find their missing loved ones lost at sea. we have bob redell near the san mateo coast where the boat capsized just yesterday. bob, good morning. >> reporter: good morning, jon. signs of hope that those two men might have made it to shore. we spoke with a member of the family. they told us that last night they did find two articles of clothing. two jackets. not life jackets, but regular jackets between the pigeon point light house and the wreckage a mile north of here looking in the direction you are looking at right now. that is one reason both families are back out here this morning looking for their loved ones. so is the coast guard. one of the helicopters has been buzzing up the san mateo county shore line searching for the

men. they were on the 18 foot fishing boat that capsized this morning. four men, all friends and fishermen, were a mile out when at 10:30 yesterday morning, a large wave toppled them and their boat sending everyone in the cold surf. two of the men had life jackets and they made it to shore and alerted the authorities. the other two were not wearing life jackets. one of those men is randy deng's dad carl. you should be looking at him right now. he and his family have been walking up and down the shore line this morning trying to predict where the current would take his dad. they found a chair from the boat by the light house and two jackets that they know for sure belonged to his dad and friend. >> it is a regular jacket he wears every time he goes fishing. i know it is his. it is neatly placed there. it is not washed up.

that's why we're still out here doing what we can. >> reporter: the other missing man is ping yau tsang. his wife identified the other jacket. the families hope they made it to shore and are so exhausted they are sleeping somewhere. we asked randy if his dad is a good swimmer and he says average. he says it doesn't matter given the strong conditions out here. reporting live, bob redell, nbc bay area news. oakland city officials apologizing this morning for a weekend dance party at the coliseum that prompted a long list of 911 calls. the event was held in the parking lot of the coliseum saturday night. we're showing you youtube video from the party. oakland police officers say the music from the event was so loud, people from san leandro were calling 911 complaining about the noise.

oakland city coliseum officials releasing the statement apologizing to the residents. it says in part, while adjustments to the sound were made following the afternoon sound check, they were clearly not sufficient to control the impact upon the residents of our closest cities. we are committing to take immediate review to help us create new procedures for the management of audio production. san francisco is strictly b.y.o.b. bring your own bag. plastic bags are banned from all retailers. restaurants are exempt, but only for the next year. all right. still ahead, how about this? an irish golfer gets picked up by the cops at the ryder cup championship. this is funny. we have pictures to explain.

if i recall correctly, i saw my co-anchor snacking on bacon today. the cost of bacon may be on the rise. the recent drought is affecting pig feed cost. suppliers will pay more for grain. bacon lovers, marla, relax. a strong swine offerings in the coming months. economists say early reports of a widespread bacon shortage is misleading. fears of a scare of bacon grew after a trade group said a bacon shortage was unavoidable. the economics are likely to nose prices up a bit and other pork products next year by as much as 10%. i like wine and the world's largest online retailer will be uncorking a new service. amazon.com is planning to sell bottles of wine this holiday season. company is hoping the former

partnership with almost 100 wineries across the country. bottles will be shipped from across the country. amazon says the service should start some time before christmas. marla, christmas list. vino and pork. all right. >> sounds good to me. europe beat the united states in dramatic fashion in the ryder cup golf tournament. >> came back and shocked team usa. one player was confused of the u.s. time zone. the european guy nearly blew his day to change the outcome. rory mcilroy had to be rushed to the golf course by chicago police in an escort. barely made his tee time. the world's top ranked golfer was watching the network the night before and announcing his tee time in eastern time. mcilroy bummed a ride from the illinois state patrol. >> thanks for being with us. join us tonight. [ woman ] dear chex cereal,

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